Policy Title:
Policy Number: 11-02
Discriminatory Harassment
Reviewed Date: 03/01/2017
Policy Owner: Sr. VP for Equity & Inclusion Responsible Office(s): Office of Equity & Inclusion
Category: Human Resources
Enabling Acts: University Rule 10-13-01
Policy applicable for: Faculty/Staff
Introduction 1. The University of Cincinnati is committed to maintaining an environment where open, vigorous debate and free speech can occur. Free speech is an essential prerequisite of academic freedom. 2. The university also recognizes a right of equal access to and participation in its programs and activities. This right may be diminished or even nullified by expressions of racist, sexist, and other offensive expressions that create a hostile environment for any member of the university community. Although the university is deeply concerned by the effects of such speech, it cannot legally censor speech or punish those who exercise First Amendment rights. Because the university is committed to free speech and academic freedom, it believes the best remedy for racist, sexist, and other forms of destructive speech is its justifiable condemnation by the entire university community. The university is dedicated to using its full resources as an educational institution to combat intolerance, and urges each member of the community to assist in the struggle to achieve an institutional environment that is free of all vestiges of discrimination. 3. Although the university cannot, and does not intend to, censor speech or infringe upon the First Amendment rights of its members, it can and will sanction acts of discriminatory harassment that do not qualify for First Amendment protection. This policy statement defines discriminatory harassment and explains the university’s enforcement policies as they relate to faculty andstaff. 4. It is a fundamental policy of the University of Cincinnati that discrimination on the basis of race, color, religion, national origin, sex, sex orientation, disability, status as disabled veteran or veteran of the Vietnam era, or age shall not be practiced in any of its activities. Discriminatory harassment is a form of discrimination, and thus violates the University’s policy against discrimination. 5. This policy applies to visitors, applicants for admission to or employment with the university, current students and employees who allege sexual harassment. Definition 1. Discriminatory Harassment is conduct that has the purpose or foreseeable effect of unreasonably interfering with an identifiable individual’s work or academic performance or of creating an intimidating, hostile, or offensive work or learning environment for that individual. It is not necessary that the consequences actually occur, but the test of whether they are foreseeable is to be determined objectively by reference to all the circumstances of the particular case. Discriminatory harassment is harassment that is based on the targeted individual’s race, color, religion, national origin, sex, sexual orientation, disability, status as veteran, or age. Discriminatory harassment includes sexual harassment, which is further defined in the policy statement on Sexual Harassment
DISCRIMINATORY HARRASSMENT I PAGE 1
HB PAGE I 61
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